THE  DAWN 


No.  1. 


No.  1. 


REAL  FREEDOM. 


LEGAL  PROCEEDINGS  AGAINST  THE  SYSTEM  THAT  DESPOILS  THE 
WORKING  CLASSES  AND  ROBS  THE  LABORER 
OF  HIS  EARNINGS. 


BY 

A KNIGHT  OF  LABOR. 


Price,  5 Cents. 


NEW  YORK. 

Publisher,  J Franz,  No.  184  William  Street. 
P.  O.  Box  3560. 


c-  n 'c. 


ATTENTION! 


ATTENTION!  > 


OF 


©dwp  of  f{ekl  SVeedoip 


will  appear  soon  after  this  publication  and  contains  the  follow, 
ing  proceedings  in  the  trial  had  in  the  Court  of  Public 
Opinion,  viz.:  The  People  of  the  United  States 
vs.  Capitalism: 

1 ) The  decision  of  the  Court  on  the  motion  to  dismiss  the 

case. 

2)  The  opening  speech  of  the  prosecuting  attorney,  Mr 

Socialist. 

3 ) The  first  witness  on  stand. 


•} 


EXPLANATION. 


In  these  our  present  times,  indictments  seem  to  be  floating 
$ in  the  air,  they  are  considered  effective  weapons  in  the  war 
4 between  capital  and  labor.  Numerous  indictments  were 
01  found,  followed  by  an  overreadiness  to  convict,  and  harsh 
and  brutal  sentences  passed  against  working  men  who  dared 
to  gain  a little  butter  on  their  bread,  by  unity  of  action/  or 
tried  to  defend  the  remnants  of  a dignified  existence,  not 
already  filched  from  them. 

These,  assuredly,  were  the  modest,  the  extremely  modest 
objects  the  trades  union  movement  endeavored  to  gain,  pre- 
vious to  this  era  of  indictments  and  convictions.  Only  such 
very  conservative  intentions  actuated  those  strikers  and  boy- 
cotters  before  the  beginning  of  the  hue  and  cry  to  hunt 
down  their  noble  game,  which  effectively  commenced 
with  the  trial  of  the  Theiss  Boycotters.  It  was  followed 
by  the  conviction  of  the  Landgraf  Boycotters  and  their 
ridiculously  mild  sentences  by  the  same  Judge  Barrett,  who 
had  shortly  before  dealt  so  severely  with  the  enemies  of  the 
dive-keeper  Theiss.  In  spite  of  Judge  Barrett’s  denial  he 
knew  why  he  now  made  an  attempt  to  be  a little  “ humane  ” 
with  the  Landgraf  Boycotters.  The  effect  of  his  cruel 
sentences  against  the  Theiss  Boycotters,  must  have  been  a 
surprise  to  him  and  his  kind.  The  laboring  classes  had 
given  a sign  of  waking  up ; they  rattled  a little  too  lively 
their  chains,  which  led  to  the  supposition  that  they  are 
yet  liable  to  be  goaded  into  madness.  However,  the  sen- 
tences of  the  Landgraf  Boycotters  were  also  unjust.  In  the 
mean  time  boycotters  were  sentenced  in  New  Haven,  Conn. 
In  New  York  and  Brooklyn  alone,  a number  of  criminal 
proceedings  are  still  pending  against  boycotters.  Just  now, 
in  all  probability,  there  will  be  a little  hesitation  on  the  part 
of  the  Grand  Juries,  District  Attorneys  and  Judges.  They 
want  to  wait  until  the  anger  of  the  laboring  classes  evaporates. 
Maybe  they  will  not  reopen  their  razzia  of  prosecutions  un- 
* til  the  approaching  election  campaign  is  over.  Yes,  they 
(l  may  wait  until  then , but,  rest  assured,  they  will  not  postpone 
them  after  that ; — that  is  : if  the  workingmen  should  be  so 
i mournfully  and  despairingly  forgetful,  on  the  “ first  Tuesday 
after  the  first  Monday  in  November,”  and  again  cast  their 
\ '.votes  for  the  political  ragamuffins  of  either  the  democratic 
pr  republican  party — they  are  all  of  one  ilk. 


4 


Well,  if  there  is  a spark  of  sound  common  sense  in  the  ( 
heads  of  the  laboring  men  of  this  country,  they  will  reverse 
matters,  and  will  themselves 

# Xi 

Take  the  whip  hy  the  handle  ! 

Put  the  enemies  of  the  labor  movement  in  the  prisoners 
dock,  and  on  each  first  Tuesday  after  each  first  Monday  in  , 
November  the  people  may  sit  m judgement  over  their  de- 
spoilers and  tormenters.  Will  the  laboring  classes  of  this 
country  be  misled  much  longer  ? Will  they  continue  to  use 
this  great  opportunity  only  to  invest  with  power  this  or  that 
tool  in  the  hands  of  the  despoilers  ? 

Away  with  that  apathy,  which  only  degrades  us  in 
the  eyes  of  the  ruling  classes  and  which  required  an  extra- 
ordinary act  of  brutality  before  we  were  aroused  to  defend 
ourselves  against  capitalistic  infamy.  This  baneful  system, 
so  destructive  to  all  the  higher  interests  of  humanity,  pro- 
ducing such  Grand  Juries,  such  Petit  Juries,  such  low-minded 
demagogues  as  District  Attorney  Fellows  afid  obliging 
Judges  like  Barrett, — yes,  this  whole  system  of  capitalistic 
spoliation 

Must  he  indicted! 

The  author  of  this  pamphlet  will  endeavor  to  briefly  state 
the  reasons  why  this  whole  system  of  private  capital,  whose 
owners  are  fleecing  the  wage  workers,  has  become  untimely, 
and  therefore  destructive  in  every  respect.  So  it  is  a “ Bill 
of  Indictment  ” against  the  whole  system,  which  the  author  * 
desires  to  present  to  the  people. 

The  author  assumes  that  on  the  14th  day  of  July,  1889,  a 
Grand  Jury,  acting  for  the  true  interests  of  the  people  of  the 
United  States,  found  a “Bill  of  Indictment”  against  the 
capitalistic  system  and  its  representatives,  as  being  a public 
nuisance.  By  using  the  form  of  a Grand  Jury  Indictment 
the  author  does  not  intend  to  convey  the  idea,  that  the  case 
between  the  people  and  capitalism  will  eventually  be  settled 
by  legal  proceedings.  At  any  rate  the  centennial  anniver- 
sary of  the  storming  of  the  Paris  Bastile — the  day  on  which 
the  third  estate  of  France,  after  long  agitation  went  into  * 
action  against  feudalism — could  not  be  more  appropri- 
ately celebrated  than  by  making  a stride  forward  from  serf-  L 
dom  to  humanity. 

Should  this  Indictment  meet  with  a favorable  reception 
by  the  public  the  trial  will  soon  follow  and  will  be  fairn- 
fully  reported  by  The  Author]  C 


5 


THE  GRAND  JURY 

OF  PUBLIC  OPINION 


* IN  SESSION  ON  THE  14TH  DAY  OF  JULY,  1889,  AFTER  DUE  DE 
LIBERATION  FOUND  AN  INDICTMENT  AGAINST  THE  NOW 
ENFORCED  SOCIAL  POLITICAL  SYSTEM,  KNOWN 
UNDER  THE  NAME  OF 

CAPITALISM. 


U 

» 


0 


We  find  that  the  above  mentioned  capitalistic  system  has 
grown  to  be  a public  nuisance,  dangerous  to  the  best  in- 
terests of  the  people,  and  liable  to  do  incalculable  damage. 

The  following  four  points  will  substantiate  our  charge 
and  explain  the  motives  that  induced  us  to  find  the  indict- 
ment : 

1.  — Capitalism  has  proved  itself  to  be  a system  of  spoliation, 
enriching  the  few  and  impoverishing  more  and  more  the 
masses  of  the  people  and  above  all  the  industrial  classes, 
thereby  dqoming  to  misery  the  only  creators  of  wealth. 

2.  — Capitalism  is  based  upon  a mode  of  production  that 
became  obsolete,  and  as  carried  on  at  present  is  a system  of 
real  anarchism  in  its  mad  spoliation  and  wanton  waste  of 
values. 

3.  — Capitalism  is  the  cause,  that  for  a constantly  increas- 
ing number  of  children  the  blessings  of  a proper  education 
becomes  impossible,  or  is  at  least  seriously  interfered  with. 
It  promotes  irresistibly  a general  demoralization  of  man- 
kind, and  is  directly  responsible  for  the  increasing  lack  of 
principle  among  men,  and  for  the  spread  of  prostitution 
among  women. 

4.  — It  is  also  the  source  of  all  political  corruption,  and  the 
cause  that  the  republic  of  the  United  States  as  well  as  other 
civilized  countries  are  rotting  at  the  core,  seriously  threaten- 
ing modern  civilization  with  the  fate  that  overwhelmed 
the  ancient  civilization  of  Rome  and  Greece,  involving  a 
relapse  into  barbarism. 

TO  COUNT  ONE. 

It  is  one  of  the  most  singular  and  essential  character- 
istics of  the  capitalistic  mode  of  production — one  that  has 
been  only  fully  developed  in  modern  times — that  it  rests  on 
j the  spoliation  of  one  man  by  another,  and  the  spoliation  of 
the  many  by  the  few,  thereby  creating  much  more  a system  of 
spoliation  than  of  useful  production.  Yes,  an  unscrupulous 
j and  reckless  spoliation  of  the  employed  becomes  even  the 


6 


duty  of  the  employer,  to  prevent  his  being  hurled  among 
the  despoiled  into  wretchedness.  By  virtue  of  this  system  ( 
capital  is  enabled  to  concentrate  more  and  more  power  for 
the  subjection  of  our  starving  wealth  producers,  while  the 
percentage  of  those  rioting  in  abundance  without  labor  is 
constantly  on  the  decrease. 

As  proofs  for  this  statement  we  refer  to  the  social  condi-  t 
tions  of  this  country.  Although  they  only  find  an  insufficient 
expression  in  statistics,  and  especially  in  the  official  census-  f 
of  the  United  States,  it  is  proved  by  such  official  figures,, 
that  the  number  of  industrial  establishments  remained  al- 
most stationary,  while  the  increase  in  population  was  won- 
derful to  behold.  It  is  also  proved,  that  the  share  received 
by  the  laborer  from  his  productions  (taking  the  purchasing 
power  of  money  into  consideration)  is  lower,  while  the  value 
of  the  products  created  by  him  caused  an  “ intoxicating 
accumulation  of  wealth  and  power  ’ in  the  hands  of  a con- 
stantly diminishing  minority.  It  further  proves  that  the  in- 
crease of  the  number  of  men  employed  in  the  different  estab- 
lishments is  even  slower  than  that  of  the  number  of  the 
latter,  which  proves  that  the  profits  accumulating  in  the 
hands  of  the  employers,  are  used  by  them  to  a large  extent 
in  the  purchase  of  labor-saving  machinery  and  the  introduc- 
tion of  such  mechanical  improvements,  that  enable  them  to 
reduce  the  number  of  hands  employed  and  curtail  the  wages 
of  those  remaining. 

TO  THE  SECOND  COUNT. 

Capitalism,  at  the  time  it  came  into  existence,  was  a 
necessary  step  to  a higher  civilization.  This  is  not  denied. 

We  only  find  that  the  human  race  has  now  outgrown  the 
era  of  capitalism.  In  its  time  it  was  a mighty  aid  to  pro- 
gress, but  now  it  has  become  the  greatest  obstacle  to  ad- 
vancement. The  time  has  arrived  when  a new  and  more 
timely  social  system  must  and  can  evolve  out  of  the  capital- 
istic system  and  take  its  place.  The  germs  for  this, 
new  system  can  be  found  to  a considerable  extent  in  the 
trade-organizations  of  to-day.  At  the  present  time  capital- 
ism blocks  the  road  to  improvement ; its  abolishment  is  now 
in  order,  or  its  evolution  into  a system  of  general  social  co- 
operation. After  its  time  of  usefulness  had  passed,  its.  < 
action  became  pernicious.  Tire  system  which  we  hereby 
indict  is  indeed  the  worst  kind  of  anarchy  that  can  be* 
imagined,  as  the  following  reflections  will  prove  : 

The  more  diligence  and  aptness  laboring  men  exert  in  pro- 
duction, the  lower  will  be  the  compensation  of  labor,  and  in 


7 


the  same  proportion  the  share  of  labor  in  the  value  of  its 
products  will  be  reduced.  His  diligence  to-day  compels  him 
to  idleness  to-morrow — makes  him  a tramp. 

And  the  more  the  genius  of  workingmen  constantly  in- 
vents and  improves  labor-saving  machinery  and  tools,  the 
more  extended  will  be  the  period  of  enforced  idleness  for  a 
number  of  working  men  and  the  less  able  will  they  be  to 
earn  the  means  of  subsistence.  Instead  of  being  a blessing 
to  humanity,  such  inventions  only  bring  the  curse  of  increas- 
ing poverty  to  the  laboring  masses,  instead  of  increasing 
the  wealth  and  decreasing  the  labors  of  the  whole  human 
race,  each  new  invention  or  improvement  robs  the  last  crust 
of  bread  from  thousands,  and  compels  a severer  strain  to 
gain  a bare  livelihood.  This  reproach  is  not  aimed  against 
the  employment  of  labor-saving  machinery  in  itself,  but  only 
against  that  capitalistic  system,  in  which  these  machines, 
and  all  new  inventions  and  technical  improvements  fall  into 
the  hands  of  single  capitalists,  or  are  monopolized  by  cor- 
porations, and  therefore  only  aid  in  increasing  the  spolia- 
tion of  the  laboring  classes. 

Furthermore : It  is  not  the  object  of  the  capitalistic  sys- 
tem to  satisfy  the  needs  of  humanity  by  the  production  of 
necessary  and  useful  things.  Profit  is  the  only  incentive  to 
activity  under  the  capitalistic  system,  and  in  the  mad  struggle 
for  profit  it  is  not  only  reckless,  so  far  as  life  and  happiness  of 
the  working  classes  are  concerned,  but  without  the  least  re- 
gard for  the  conditions  guaranteeing  success  to  the  em- 
ployers themselves.  Under  this  system  it  cannot  be  avoided 
that  each  single  manufacturer  gets  as  much  stock  manufac- 
tured as  he  possibly  can,  regardless  of  the  actual  demand, 
or  purchasing-power  of  the  market,  and  as  all  the  other 
manufacturers  do  the  same  thing,  without  being  restricted  by 
a general  plan  of  production,  the  inevitable  consequences 
are  the  destructive  calamities  so  often  felt  during  past 
years.  The  interval  between  the  occurrence  of  these 
spells  of  “ over-production  ” (as  it  is  called  by  some)  is  con- 
stantly diminishing.  During  such  a crisis  you  can  find  mil- 
lions of  workingmen,  who,  with  their  families  are  suffering 
for  the  want  of  those  very  things  that  are  rotting  in  stores 
and  warehouses.  So  capitalism  has  made  such  crazy  folly 
a permanent  institution  in  our  social  life,  viz : “ That  the 
(producers  of  all  wealth  see  the  products  of  their  industries 
' piled  up  before  them  and  are,  at  the  very  same  time,  con- 
demned to  perish  in  misery.” 

j The  said  system  also  fosters  a reckless  and  wanton  de- 


8 


struction  of  the  treasures  furnished  by  nature,  and  of  vital 
importance  to  the  welfare  of  mankind,  including  the  devas- 
tation of  forests  and  the  robbing  of  arable  land  of  their 
fertility,  in  fact  plunder  and  pillage  in  every  direction.  *, 
Under  it  commerce  only  imperfectly  fulfills  its  mission  to 
bring  the  products  where  they  are  needed,  and  even  this  is  * 
done  with  a great  waste  of  labor ; individual  profit 
being  the  only  aim,  fraud  and  adulteration  have  become  ? 
general  and  are  now  a matter-of-course. 

TO  THE  THIRD  COUNT. 

That  under  this  system  it  becomes  impossible  for  a con- 
stantly increasing  number  of  families  to  give  their  offsprings 
a proper  education,  will  be  seen  by  the  following  considera- 
tions : 

In  the  first  place,  in  many  cases,  the  parents  grown  up 
themselves  under  this  system,  must  be  incompetent  to 
properly  educate  their  children  and  are  not  qualified  to  act 
as  good  examples. 

And  then,  the  parents  cannot  devote  the  necessary  time 
to  the  education  of  their  children ; the  father  coming  home 
exhausted  after  his  day’s  labors,  is  too  tired  to  patiently  ob- 
serve his  children,  to  encourage  their  talents,  to  check  bad 
habits  and  attentively  promote  each  noble  impulse.  The 
mother,  who  should  be  in  the  position  to  devote  her  entire 
attention  to  this  task,  is  compelled  by  the  capitalistic  system 
to  work  for  wages  in  order  that  the  family  may  be  main- 
tained. Thousands  of  women  are  compelled  to  work  in  fac- 
tories, while  other  thousands  are  tormented  and  worried  by 
tenement-house  work.  In  both  cases  it  is  evident,  that  they 
are  unable  to  even  give  the  proper  attention  to  their  children, 
and  cannot  retain  the  bouyancy  of  spirit  which  must  accom- 
pany the  important  work  of  education.  But  the  saddest 
impediment  to  a proper  education  of  children  is  the  capital- 
istic demand  of  “Child  Labor” — that  most  hideous  disgrace 
of  our  times.  Capitalism  even  robs  youthful  children  of 
the  chances  to  develop  under  natural  conditions  into  man- 
hood; it  tears  them  from  parental  supervision  and  from 
school ; it  subjects  them  to  baneful  influences,  cripples  them  < 
mentally  and  bodily,  it  nips  them  in  the  bud  by  overexertion 
in  mechanical  pursuits. 

Another  reference  may  show  that  the  capitalistic  system 
as  a whole  poisons  the  practical  morality  of  mankind  and 
makest  its  demoralizing  influence  on  youth  self-evident,  to 
wit : It  involves  the  transfer  of  the  brutal  “ struggle  foi*  C 


existence”  from  animal  nature  to  the  higher  plane  of  human 
culture,  and  makes  success  the  only  goal  to  be  reached. 
Then,  seeing  that  the  harder,  more  exhausting  and  un- 
healthier  the  toil,  the  lower  the  reward  it  brings,  a constantly 
increasing  number  shun  honest  work,  and  they  try  to  be- 
come in  some  way  despoilers  of  the  work  of  others.  They 
either  become  capitalists  or  politicians,  or  both  combined  ; 
or  where  this  is  impossible,  they  join  the  criminal  classes 
and  become  swindlers,  thieves,  robbers  and  murderers. 
These  same  facts  compel  a constantly  increasing  number  of 
girls  and  women  to  prostitute  themselves  for  gain. 

Altogether,  the  extremely  demoralizing  example  of  glori- 
fying success  in  spoliation,  and  condemning  honest  labor  to 
want  and  misery,  did  more  than  anything  else  to  destroy  the 
effects  of  good  education,  and  capitalism  therefore  is  not  only 
the  mortal  enemy  of  morality  but  of  the  whole  human  race. 

TO  THE  FOURTH  COUNT. 

In  politics,  as  well  as  everywhere,  capitalism  implies  the 
rank  and  luxuriant  growth  of  spoliation  and  egotism. 
This  explains  why  a constantly  increasing  number  of 
citizens  of  this  country  strive  for  offices,  to  gain  means, 
influence  and  honorable  positions — all  that  without  labor. 
In  this  manner  capitalism  produced  the  pest  of  professional 
politicians  in  this  country  and  degraded  the  struggle  between 
the  two  old  political  parties  to  a mean  wrangle  for  spoils. 
The  money -power  concentrating  in  the  hands  of  the  few  is 
thereby  enabled  to  purchase  legislators,  judges  and  executive 
officials. 

Besides  this,  legislators,  judges  and  executive  officers  are 
personally  interested  in  capitalistic  ventures  by  owning 
stocks  or  otherwise  sharing  in  the  profits,  thus  identifying 
themselves  with  the  interests  of  capitalism.  Therefore  all 
laws  are  framed  in  the  interest  of  capital.  Justice  becomes 
the  hireling  of  capitalism ; thus,  whenever  opportunity 
offers,  the  police  force,  paid  by  the  people,  act  in  the  interest 
of  money-bags,  and  the  executive  power  of  States  or  the 
United  States  do  the  same. 

In  spite  of  the  equality  before  the  law  guaranteed  by  the 
constitution,  the  rights  of  the  laboring  classes  are  filched 
from  them  and  it  is  therefore  true  that  capitalism  not  only  rots 
our  republic  to  the  core,  but  it  also  endangers  civilization 
everywhere. 

$ot  against  monopoly  alone,  but  against  capitalism  as  a 


whole  this  indictment  is  framed  ; a close  inspection  brings 
to  light  the  following  state  of  affairs : 

1.  — That  it  is  impossible  to  find  the  boundary  lin^ 
where  a “legitimate”  capitalistic  business  terminates 
and  monopoly  begins ; 

2.  — That  naturally  every  small  capitalist  aims  to  be- 
come a monopolist ; 

3.  — That  without  abolishing  the  possibility  of  private 
capital  to  despoil  the  work  of  others,  it  is  an  impossi- 
bility to  abolish  monopoly,  and  the  elevation  of  man- 
kind is  out  of  question  ; 

4.  — That  the  small  capitalist  and  small  tradesmen  are 
in  constant  danger  of  being  engulfed  by  the  com- 
petition of  larger  capitalists,  and  would  therefore  be 
benefited  and  their  happiness  increased  by  changing 
the  system  of  private  capitalism  into  one  of  universal 
co-operation ; 

5.  — That  where  industries  are  managed  on  a small 
scale  the  spoliation  and  misery  of  the  laboring  classes 
is  intensified  and  even  more  degrading,  that  therefore 
an  encouragement  of  small  industries  would  only  pro- 
long the  suffering  of  the  laboring  class.  Monopoly  and 
production  on  a large  scale  has  only  been  the  prelimi- 
nary condition  for  the  introduction  of  universal  co- 
operation ; 

6 — That  in  this  as  well  as  in  all  other  cases,  the  cure 
of  the  evil  can  only  be  effected  by  removing  the  causes, 
and  everything  depends  on  a radical  extirpation  of  capi- 
talism— root  and  branch. 

These  are  the  reasons  that  honestly  and  conscientiously 
convinced  us  that  our  four  accusations  against  capitalism, 
specified  as  above,  are  perfectly  justified,  and  we  therefore 
consider  it  as  our  solemn  duty,  as  true  representatives  of  the 
people  of  the  United  States,  to  hereivith  indict  the  system  of 
capitalism , as  being  a common  nuisance  and  a veritable 
anarchy  that  must  be  abolished  by  the  commonwealth  to 
prevent  a relapse  into  barbarism. 

May  the  real  Supreme  Court  of  the  country,  the  tribunal 
of  public  opinion,  before  whom  the  Grand  Jury  offers  this 
indictment,  adopt  the  necessary  measures  and  proceed 
against  this  accursed  system  and  its  representatives. 

Thomas  P.  Commonsense,  Foreman. 


FIRST  DAY  OF  TRIAL. 


On  the  — day , 18 — , the  first  case  called  in  the  Court 

of  Public  Opinion  was: 

THE  PEOPLE  OF  THE  U.  S.  vs.  CAPITALISM. 

Judge  Reason  presiding  on  the  bench. 

The  Attorney  General,  Mr.  Socialist,  as  prosecutor,  on  behalf 
of  the  people. 

The  defendant,  The  Capitalistic  System,  had  secured  Mr.  Evarts 
as  senior  counsel. 

The  clerk  read  the  “Indictment/7  containing  the  following  four 
counts : 

1.  — Capitalism  has  proved  itself  to  be  a system  of  spoliation,  enriching 
the  few  and  impoverishing  more  and  more  the  masses  of  the  people  and 
above  all,  the  industrial  classes,  thereby  dooming  to  misery  the  only  creators 
of  wealth. 

2.  — Capitalism  is  based  upon  a mode  of  production  that  became  obsolete, 
•and,  as  carried  on  at  present,  is  a system  of  dire  anarchism  in  its  mad  spolia- 
tion and  wanton  waste  of  values. 

3.  — Capitalism  is  the  cause,  that  for  a constantly  increasing  number  of 
children  the  blessings  of  a proper  education  becomes  impossible,  or  is  at 
least  seriously  interfered  with.  It  promotes  irresistibly  a general  demorali- 
zation of  mankind,  and  is  directly  responsible  for  the  increasing  lack  of 
principle  among  men,  a id  for  the  spread  of  prostitution  among  women. 

4.  — It  is  also  the  source  of  all  political  corruption,  and  the  cause  that  the 
republic  of  the  United  States  as  well  as  other  civilized  countries  are  rotting 
at  the  core,  seriously  threatening  modern  civilization  with  the  fate  that- 
overwhelmed  the  ancient  civilization  of  Rome  and  Greece,  involving  a 
relapse  into  barbarism. 

Before  empaneling  the  Jury,  the  counsel  for  the  defence  makes  a 
Motion  to  squash  the  indictment , 
and  advances  the  following  arguments  to  support  his  motion: 

Your  Honor:  What  the  prosecution  calls  Capitalism  cannot  be 
abolished  without  violating  the  Constitution  of  the  United  States, 
which  guarantees  full  individual  liberty  to  all.  This  guarantee 
would  be  replaced  by  an  unbearable  slavery.  The  indictment 
under  which  my  client  is  on  trial  is  an  attempt  to  abrogate  the 
inalienable  right  of  man — his  right  to  the  pursuit  of  happiness. 
What  this  silly  indictment  condemns  under  the  name  of  “Capi- 
talism 7 7 is  nothing  more  or  less  than  the  foundation  on  which  our 
whole  industrial  system  rests. 

The  prosecution  intends  to  suppress  the  individual  activity  of 
our  citizens  in  all  the  departments  of  manufacture,  of  commerce, 
of  agriculture,  and  traffic.  If  this  could  be  accomplished,  this 


12 


•country  would  relapse  into  a state  of  gross  barbarism.  Yea,  not 
only  the  employer  is  to  be  abolished  by  this  unwarranted  prosecu-  f 
tion,  but  also  the  hard-working  wage-earner  is  to  be  annihilated 
by  it.  It  is  obvious  that  the  laborer  himself  is  the  possessor  of 
•capital  and  therefore  a capitalist.  For,  it  is  not  only  a fact  that  > 

many  wage-workers  have  money  deposited  in  banks,  on  which 
they  draw  interest,  but  their  working-power  is  capital  in  itself. 

It  is  indeed  the  most  important  capital  in  our  country.  Even  on 
behalf  of  the  wage-workers  of  this  hitherto  grand  and  free  re-  > 
public,  we  ask  for  the  dismissal  of  this  complaint.  It  is  nothing 
but  a villainous  attempt  to  suppress  the  natural  rights  of  mankind. 

As  the  laborer  himself  must  be  looked  upon  as  being  a capitalist, 

“ Capital”  and  “ Labor  ” cannot  be  antagonistic  to  each  other. 

Labor  is  not  conceivable  without  capital,  and  capital  must  be 
fructified  by  labor  to  become  the  greatest  blessing  to  humanity. 

And  is  the  capitalist  not  also  a laborer?  Is  the  labor  he  be- 
stows on  the  guidance  of  his  business  not  often  hard  and  exhaust- 
ing, coupled  with  anxiety  and  care? 

Therefore,  every  capitalist  is  a laborer,  and  every  laborer  a 
capitalist.  Capital  and  labor  are  naturally  friendly  to  each  other 
and  work  hand-in-hand  as  allies.  The  interests  of  both  are 
identical. 

That  this  is  the  only  true  statement  of  the  case  will  be  obvious 
if  we  make  it  clear  to  our  mind  as  to  what  we  consider  the  precise 
meaning  of  the  term  “ Capital/ ’ 

Well,  what  is  capital? 

Capital  is  nothing  but  the  great  multitude  of  diverse  useful 
things,  without  which  the  preparation  and  production  of  useful 
things  would  be  an  impossibility.  Such  requisites  to  production 
are  raw  material,  tools  and  machinery,  factory  buildings  and  their 
• equipments,  all  these  are  some  of  the  things  that  are  collectively 
called  Capital/’  and  all  these  things  are  obtained  in  exchange 
for  money.  Furthermore,  money  is  needed  to  pay  to  the  laborers 
employed  by  the  capitalist  their  share  in  the  values  produced,  as 
wages,  before  the  product  itself  can  be  turned  into  money  again. 

But  now  the  question  arises,  where  did  all  this  money  come  from 
that  is  now  being  used  as  capital — invested  and  working  capital — 
in  industrial  and  agricultural  pursuits,  and  to  which,  as  we  have 
seen,  all  the  means  of  production  and  the  wealth  resulting  from 
production,  must  be  ascribed?  Now,  where  did  this  money  come 
from?  The  answer  is  plain:  ^ 

The  same  men  who  are  called  by  the  prosecution  a lot  of 
wicked  and  heartless  vampires,  are  the  men  who  laid  aside  part  ^ 

of  their  earnings,  instead  of  spending  the  whole  of  it  in  riotous 
living.  They  did  not  squander  all  of  their  wages,  week  after  i' 

week,  as  it  is  customary  among  workingmen,  led  astray  by  labor 
agitators  and  socialists;  these  capitalists,  condemned  by  the 


13 


3 


/ 

y 


<> 

* 


prosecution,  are  the  men  who  saved  part  of  their  wages,  and  by 
their  abstinence  accumulated  capital. 

And  now,  when  this  capital,  accumulated  by  these  conscien- 
tious citizens  through  their  own  exertions  and  privations,  yields 
them  a profit,  the  prosecution  dares  to  brand  this  ‘ 1 profit  ’ y 
as  spoliation.  But  this  * * profit  on  capital ; 7 is  only  a perfectly 
just  compensation  for  superior  fitness  in  the  struggle  for 
existence. 

What  is  to  be  abolished  ? The  prosecution  says:  Capital.  This 
aggregate  of  useful  things  the  prosecution  seeks  to  destroy,  although 
compassing  everything  that  is  indispensable  for  productive  activity 
and  modern  culture.  The  fountain-head  from  which  flow  the 
means  of  satisfying  all  our  wants,  and  all  the  possibilities  for  the 
embellishment  of  life.  The  very  foundation  of  modern  civiliza- 
tion it  is  attempted  to  destroy  by  this  insane  prosecution. 

It  is  self-evident  that  capital  cannot  be  divorced  from  labor;  it 
is  as  indispensable  to  it  as  the  tool  is  to  the  laborer;  yes,  partly 
it  is  identical  with  the  plow  of  the  farmer,  with  the  ax  of  the  car- 
penter, the  compass  of  the  architect,  and  the  brush  of  the  painter. 
The  final  aim  of  the  prosecution  is  therefore  to  abolish  the  plow,., 
the  ax,  the  compass  and  the  brush.  At  the  same  time  it  would 
take  from  the  laborer  the  opportunity  to  labor — the  capital  of  the 
poor  man! 

This  is  evidently  madness.  And  is  it  not  at  the  same  time  a. 
flagrant  violation  of  justice  ? 

I am  convinced  that  the  court  will  dismiss  this  complaint,, 
and  offer  the  motion  that  this  may  be  done  at  once,  for  it 
is  nothing  but  an  unconstitutional  attempt  to  abrogate  the 
individual  liberty  of  citizens,  an  attempt  that  can  only  emanate 
from  crack-brained  agitators  and  is  aimed  at  sense  and  justice. 

* * 

# 

Counsel  for  the  defence  having  thus  concluded  his  address,  the 
attorney  for  the  prosecution,  Mr.  Socialist,  spoke. 

AGAINST  THE  MOTION  TO  DISMISS  THE  COMPLAINT. 

If  the  Court  ^please:  The  learned  counsel  for  the  defence,  in 
speaking  to  the  motion  to  dismiss  this  complaint  has,  among  other 
things,  made  certain  assertions  which  may,  during  the  course  of 
these  proceedings,  be  either  proven  or  disproven.  But,  as  the 
prosecution  is  desirous  that  fair  play  should  prevail  in  this  trial, 
we  shall  waive  all  technicalities  as  far  as  this  may  possibly  be 
done.  For  this  reason  the  prosecution  has  raised  no  objection 
when  the  defence  made  certain  statements  which,  at  this  stage  of 
the  proceedings,  appeared  to  be  rather  premature.  By  the  evi- 
dence, as  we  shall  adduce  it,  I am  positive  it  will  be  shown 
whether,  for  instance,  there  are  among  the  workmen  any  con- 


14 


siderable  number  of  depositors  in  savings  banks  to  warrant  the 
assertion  that  workmen  are  capitalists.  And  this  applies  to 
the  statement  also  on  the  part  of  the  defence,  that  all  capital 
owes  its  existence  to  the  economy  and  saving  proclivities  of  its 
possessors;  and  furthermore,  that  this  prosecution  was  actuated 
simply  by  the  vaporings  from  the  brains  of  a few  agitators,  etc. 
The  prosecution  in  this  case  is  prepared  to  show,  by  an  over- 
whelming amount  of  evidence,  oral  as  well  as  documentary,  that 
all  these  assertions  on  the  part  of  the  defence  are  utterly  unten- 
able, and  not  founded  in  fact.  But,  at  this  present  moment,  we 
only  discuss  the  arguments  upon  which  the  motion  to  dismiss  pre- 
tends to  be  based,  and  which  might  have  a slight  appearance  of 
justification. 

Whatsoever  remains  to  be  shown  in  this  direction  are  the  fol- 
lowing points  made  by  counsel  for  the  defence: 

1.  — The  two  words,  ‘‘Capitalism’1  and  “Capital,”  are  entirely 
identical  with  each  other.  My  learned  friend  did  not  state  this 
in  so  many  words ; but  in  confounding  them,  he  has  succeeded  in 
advancing  a seemingly  plausible  reason  for  making  his  motion  to 
dismiss  this  complaint.  In  advancing  this  reason,  the  defence  is 
arguing  that,  because  this  prosecution  is  aimed  at  capital  as  such 
it  is : 

2.  — An  outrageous  attempt  upon  the  existence  of  all  useful 
things,  as  such,  which,  in  themselves  are,  of  necessity,  the  foun- 
dation of  the  production  of  all  economic  wealth;  consequently  it 
were,  for  instance,  an  attempt  upon  the  plow  of  the  farmer,  upon 
the  ax  of  the  carpenter,  upon  the  architect’s  compass,  and  upon 
the  brush  of  the  artist.  The  defence  has  also  attempted  to  show 
that  the  workman’s  brains  and  muscle  are  his  “ capital,”  a defini- 
tion which,  if  emanating  from  the  lips  of  an  unsophisticated  per- 
son, may  be  taken  for  an  excusable  neglect  in  the  correctness  of 
expression;  but,  in  this  case,  as  you  will  see,  cannot  be  admitted 
as  being  correct.  But,  leaving  even  aside  all  this,  we  might  not 
object  to  the  conclusions  of  the  defence  if  they  were  not  based 
upon  entirely  mistaken  premisses. 

To  be  sure:  The  defence  would,  under  these  circumstances,  be 
altogether  right  if  it  were  true  that  this  complaint  is  one  against 
“capital”  itself.  We,  too,  admit,  that  nothing  could  be  more 
foolish  than  to  clamor  for  the  abolition  of  capital.  Accepting,  for 
a moment,  the  definition  of  the  defence,  be  it  ever  so  faulty,  but 
taking  it  for  granted  that  the  term  ‘ ‘ capital  ” is  to  imply  all  means 
of  production  as  an  aggregate,  to  wit:  All  raw  material,  tools  and 
machinery,  factory  buildings,  a certain  amount  of  ready  money 
for  paying  the  wages  of  workmen,  before  the  product  is  sold. 
And,  if  the  defence  denounces  it  as  an  outcome  of  insanity  if  any 
man  proposes  to  abolish  capital  in  this  sense  of  the  word,  we 
cheerfully  agree  with  our  learned  friend.  Undoubtedly,  civiliza- 


15 


tion  is,  in  reality,  based  upon  that  aggregate  of  useful  things.  We 
do  not  intend  to  annihilate  them ; to  the  contrary,  be  it  said,  we  are 
endeavoring  to  increase  and  to  improve  them.  It  is  even  our 
special  desire  to  develop  the  efficacy  of  all  labor-saving  machinery 
to  the  very  climax  of  perfection.  But,  indeed:  We  desire,  at  the 
same  time,  that  all  these  useful  things,  machinery  and  whatsoever 
may  be  designated  as  ‘ capital,”  be  applied,  in  the  future,  to  the 
welfare  of  laboring  mankind.  We  desire  that  no  longer  shall  a 
few  individuals,  who,  more  or  less  are  not  performing  any  useful 
labor,  be  enriched  by  them,  while  the  masses  of  the  people  are  left 
to  perish  in  misery  and  poverty.  But  that  aggregation  of 
useful  things,  called  “capital,”  can  result  in  such  a destructive 
tendency  only  when  it  is  in  the  private  possession  of  a few  in- 
dividuals, instead  of  being  the  property  of  the  entire  common- 
wealth. 

And  thus  we  are  approaching  the  decisive  poiht  of  the  question, 
which,  by  being  fully  answered,  will  enable  your  Honor  to  easily 
decide  why  the  motion  to  dismiss  the  case  should  not  prevail.  I 
shall  therefore  present  to  your  Honor  that  point  in  a nutshell. 

We  are  not  in  any  way  opposed  to  useful  things  called  “ capi- 
tal,” but  only  to  the  private  possession  in  the  hands  of  a few,  of 
those  things.  We  are  not  opposed  to  capital  as  the  aggregate  of 
things,  but  of  that  legal  institution  we  designate  as  “private 
capital.  ' ’ And  it  is  in  that  sense  that  we  say,  we  are  the  ad- 
versaries of  capitalism.  And  what  that  “ism”  means  has  now 
become  clearly  understood:  It  is  a leading  principle  in  our  modern 
laws,  made  not  by  nature  but  by  man;  it  is  that  principle  or  sys- 
tem which  gives  permission  to  a small  number  of  individuals  to 
accumulate  the  means  of  production  in  the  hands  of  private  owners; 
it  is  that  principle  which  gives  to  the  possessors  of  the  means 
of  production  the  power  of  compelling  those  who  have  nothing 
to  work  for  wages;  it  is  that  principle,  or  system,  by  which 
those  working  for  wages  are  compelled  to  compete  with  each  other, 
while  they  must  underbid  each  other,  for  the  purpose  of  enabling 
their  so-called  employers  to  grind  them  down  to  the  lowest  possible 
level.  To  be  brief:  The  term  “ Capitalism v — not  to  be  con- 
founded with  capital — conveys  to  us  that  part  of  our  present  legal 
system,  by  which  it  is  made  lawful  that  the  masses  of  the  people 
may  be  despoiled  and  fleeced  of  the  full  fruit  of  their  labor  by 
those  who  possess  the  means  of  production;  in  it  we  recognize 
that  power  by  which  this  aggregate  of  useful  things  called 
“capital  ” in  the  hands  of  the  few  is  ruling  over  the  masses  of 
mankind.  We  object  that  this  creature,  “ capital, 11  should  con- 
tinue to  be  the  master  of  its  Creator,  the  society  of  human  beings 
Indeed,  that  demoniacal,  infernal  power  is  what  we  are  contending 
against  in  bringing  this  present  suit.  This  it  is  what  we  call 
“capitalism,”  and  what  may  be  abolished  by  leaving  “ capital” 
itself  to  exist  but  elevating  it  to  a means  of  common  use,  when 


10 


it  will,  in  the  possession  of  the  entire  commonwealth,  be  trans- 
formed, from  an  arbitrary,  diabolical  ruler,  into  a willing  and 
always  useful  servant  of  the  entire  human  race. 

Therefore,  we  ask  your  Honor,  who  are  they,  whose  rights,  whose 
liberty  would  be  encroached  upon  if  humanity  is  to  regain  its  free- 
dom, if  the  entire  civilized  population  of  this  mundane  globe  is  to 
be  emancipated  from  the  tyranny  of  its  own  creation  ? I ask  you, 
whose  “unalienable  rights  ” are  being  violated  if  mankind  is  to  be 
saved  from  degradation  and  enslavement  ! Is  there  any  principle 
of  justice  involved  if  a few  individuals  claim  that  their  interests 
are  above  the  interests  of  the  great,  overwhelming  majority  ? 
Your  Honor’s  answer  must,  and  will  be  : Salus  publica,  suprema 
lex  ! 

But,  if  the  defence  rejoins  that  by  abolishing  capitalism  the 
capitalists  would  be  injured,  then  let  the  people  declare  for  equity, 
and  let  them  accord  to  those  citizens,  who  believe  their  rights  to 
be  involved,  a fair  indemnity — provided  they  refrain  from  emulat- 
ing the  example  of  the  slaveholders  in  1860  who  raised  the  flag" 
of  the  rebellion  against  the  majesty  of  the  will  of  the  people.  If 
in  Germany  the  paying  of  the  tithe,  and  in  Russia  the  barbaric 
relic  of  the  serfdom  could  be  abolished,  the  people  of  the  United 
States  will  be  able  to  find  means  and  ways  of  doing  away  with 
the  modern  slavery  of  the  alleged  “ free ’ ’ wage  workers. 

And,  if  existing  laws  are  in  the  way  of  the  great  work  of 
liberation  your  Honor  will  concede  that  the  people  may,  and  will 
remove  such  obstacles  to  the  majority’s  freedom. 

Now,  furthermore,  if  the  defence  asserts  that  the  constitution 
be  another  obstacle,  your  Honor  may  remember  that  the  consti- 
tution was  made  for  the  people,  and  not  the  people  for  the  con- 
stitution. 

And  for  this  reason  we  hope  that  the  Court  of  Public  Opinion 
will  decide  the  question  before  us  to  the  effect  that  this  trial  may 
proceed. 

On  behalf  of  the  People  of  the  United  States  we  therefore  ask 
your  Honor  to  deny  the  motion  of  dismissing  this  case. 

* 

The  proceedings  of  the  first  day  were  thus  concluded.  The 
details  of  the  subsequent  proceedings  will  be  reported  in  the 
“Dawn  of  Real  Freedom,”  No.  2, 


November 


1886 . 


THE  D^JWINT 

No.  2.  -of-  No.  2. 

REAL  FREEDOM. 

Published  Monthly.  $1.00  a Year. 


LEGAL  PROCEEDINGS  AGAINST  THE  SYSTEM  THAT  DESPOILS  THE 
WORKING  CLASSES  AND  ROBS  THE  LABORER 
OF  HIS  EARNINGS. 


BY 

A KNIGHT  OF  LABOR. 


Entered  at  the  Post  Office,  New  York  City,  as  Second  Class  Mail  Matter. 


NEW  YORK. 

Publisher,  J.  Franz,  No.  184  William  Street. 
P.  O.  Box  3560. 


OPINIONS  OF  THE  PRESS 


ON 

Part  I.  of  “ CAPITALISM  ON  TRIAL. ” 


Capitalism  on  Trial.  Legal  proceedings  against  the  system  that 
despoils  the  working  classes  and  robs  the  laborer  of  his  earnings.  (The 
Dawn  of  Real  Freedom,  No.  1.)  Publisher,  J.  Franz,  184  William  Street* 
P.  O.  Box  3560,  New  York.  Price,  5 cents. 

The  author  of  this  very  clever  pamphlet  introduces  himself  anony- 
mously as  “ A Knight  of  Labor,”  and  is  a member  of  L.  A.  2245,  D.  A.  64.* 
The  purpose  of  this  publication,  of  which  Part  I has  just  appeared,  is 
to  show  that  the  whole  system  of  so-called  free  competition,  under  the 
reign  of  private  capital,  is  virtually  a public  nuisance  in  the  shape  of  “an- 
archy.” In  order  to  have  this  system  of  “ capitalism  ” convicted  by  the 
Court  of  Public  Opinion,  the  author  gives  in  a symbolic  form  a report  of 
a regular  trial  before  Judge  “ Reason.”  With  this  design,  the  pamphlet 
purports  to  be  an  answer  to  the  trials  against  boycotters.  It  is  full  of  deep 
thoughts  with  strong  features,  in  popular  language,  and  is  well  worth 
everybody’s  reading. — John  Swinton’s  Paper,”  of  Oct.  8d,  1886. 

The  above  Editorial  notice  was  reproduced  and  fully  indorsed  by : 

The  National  Labor  Tribune,  Pittsburgh,  Pa. 

The  Labor ette,  Rawlin,  Terr,  of  Wyoming. 

The  Workingmen’s  Advocate,  New  Haven,  Conn. 

The  Craftsman,  Washington.  D C. 

The  New  Yorker  Volkszeitung , New  York  City. 

The  Leader,  New  York  City. 

The  Furniture  Workers’  Journal,  New  York. 


J.  Franz,  of  184  William  street,  publishes  a neat  little  pamphlet,  the 
first  of  a series  to  be  issued,  entitled  “The  Dawn  of  Real  Freedom”.  This 
brochure  places  “Capitalism  on  Trial”  and  secures  a conviction  in  the  minds 
of  all  reasoning  men.  The  price  of  the  little  book  is  5 cts. — The  Carpenter. 


“The  Dawn  of  Real  Freedom”  is  another  periodical,  published  by  J. 
Franz,  No.  184  William  Street,  N.  Y.,  P.  O.  Box  3560.  Price  5 cts. 

No.  1 contains  an  article  by  a Knight  of  Labor,  entitled  “Capitalism  on 
Trial”. 

The  author  arraigns  Capitalism  on  the  charge  of  being  Anarchy  in  its 
most  virulent  form,  the  most  wanton  spoliation,  rapine  and  murder,  and 
makes  out  his  case  in  an  unanswerable  manner. — The  Reflector.  N.  Y.  city. 


s 

C 


0 

• No.  2.]  THE  DAWN  OF  REAL  FREEDOM.  [No.  2. 

OP * ■ 

t : : T 


( CONTINUED .) 


SECOND  DAY  OP  PROCEEDINGS. 


THE  DECISION  OF  THE  COURT  DISMISSING  THE  MOTION 
TO  DISMISS  THE  COMPLAINT.  — OPENING  THE  CASE 
ON  THE  PART  OF  THE  PROSECUTION  — THE  HEARING 
OF  TESTIMONY  FOR  THE  PEOPLE  BEGINNING— A 
SKILLED  WORKMAN,  A COMPOSITOR,  THE  FIRST  WIT- 
NESS. 


The  second  day  of  the  trial  was  eagerly  awaited  by  an  anxious 
public.  Throughout  the  country  the  people  were  convinced  that 
a case  was  before  the  Court  of  Public  Opinion  upon  whose  final 
outcome  depended  the  future  of  the  existing  order  of  society. 
In  fact,  this  is  the  great  issue  : The  people  of  the  United  States 
represented  by  this  very  Tribunal  are  sitting  in  judgement  over  the 
present  mode  of  production,  based  upon  the  system  of  private 
property  in  the  means  of  1 abor.  If  judgment  be  passed  for  the 
people  of  this  country,  they  will  at  once  proceed  to  abolish  this 
system  of  capitalism,  aud  replace  it  by  a system  of  universal 
co-operation  through  the  laboring  masses,  organized  in  Trades 
Unions.  This  is  evidently  the  spirit  of  the  prosecution,  repre- 
sented by  the  Attorney  General,  Mr.  Socialist,  who  has  de- 
signated capitalism  to  be  a “system  of  public  nuisance  and  the 


1- 


2 


worst  kind  of  Anarchism/'  Under  such  circumstances  it  was  not  * 
surprising  that  the  spacious  court-room  was  crowded  with  an 
impatient  audience  on  the  second  day  of  the  trial. 

Speculation  was  rife  as  to  what  would  be  the  decision  of 
Judge  Reason  in  regard  to  the  motion  made  on  the  first  day  of 
the  trial  by  counsel  for  the  defence,  Mr.  Evarts.  Be  it  remem- 
bered, that  by  this  motion  it  was  intended  to  have  the  present 
indictment  “quashed",  for  the  alleged  reason  that,  as  the  aboli- 
tion of  the  capitalistic  system  would  result  in  the  abrogation  of 
the  individual  liberty  of  citizens,  it  was  unreasonable  and  incon- 
stitutional. As  our  readers  well  know,  the  defence  in  arguing 
its  motion  had  claimed  that  “capital"  was  identical  with  “capi- 
talism", and  that  therefore  any  attempt  to  abolish  capitalism, 
meant  nothing  short  of  an  attempt  to  destroy  all  those  useful 
things  which  are  called  capital  and  which  include  the  laboring 
power  of  the  workman  necesssary  to  produce  all  means  of  life. 
It  was  supposed  that  this  motion  having  been  disposed  of  the 
trial  would  be  proceeded  with  to-day. 

“Perhaps  the  judge  may  quash  the  indictment?  !"  was  the 
jubilant  exclamation  of  the  “Upper  Ten  Thousand",  composing 
the  alleged  “better  classes' 1 “One  more  bottle  of  cham- 

pagne !" 

“Maybe  the  judge  will  dismiss  the  case  ? !"  thus  a sigh  of 
stolid  despair  heaved  by  the  breasts  of  millions  whose  life  had, 

so  far,  been  one  of  hard  labor,  suffering  and  degradation 

“Will  it  ever  be  different  for  us  ?" 


A dead  silence  prevailed  throughout  the  court-room  when 
Judge  Reason  took  his  seat  upon  the  bench.  He  immediately 
opened  the  proceedings  by  reading  the  following: 

DECISION  OF  THE  COURT. 

Judge  Reason:  “The  defence  has  made  the  motion  to  dismiss 
this  case  without  testimony  being  taken.  The  reasons  advanced 
by  the  defence  in  support  of  this  motion  are  briefly  these  : 

They  claim  that  it  is  sought  to  abolish  capital,  thereby  meaning 
an  aggregation  of  things  useful  to  all  of  us,  and  necessary  for 
the  production  of  the  means  of  life  of  all  mankind. 

At  the  same  time  the  defence  has  claimed  that  this  action  is 
aiming  at  the  suppression  of  all  freedom  of  citizenship,  and  in 


every  respect  to  prevent  man  from  asserting  his  natural  right  to 
the  pursuit  of  happiness.  And,  by  doing  so,  the  defence  is  pro- 
ceeding from  the  supposition  that  by  abolishing  capitalism  all 
voluntary  and  free  participation  of  the  citizens  in  the  great 
agencies  of  manufacture,  agriculture,  commerce  and  trade  is  to 
be  made  impossible.  And,  furthermore,  the  defence  has  asserted 
that  thus  the  present  action  is  to  be  considered  as  an  attempt 
upon  the  constitution  of  this  country,  and,  that  it  therefore  should 
be  dismissed  without  trial. 

The  other  assertion,  they  have  made,  cannot,  very  well,  be  taken 
into  consideration  at  this  stage  of  the  proceedings. 

The  prosecution  in  answering  has  not  denied  that  it  would  be 
folly  to  abolish  capital,  i.  e.  those  things  which  are  so  designated. 
But,  the  prosecution  has  asserted,  that  the  defence  is  confounding 
the  two  terms,  to  wit:  “Capitalism  ” and  “ capital  ”,  and  that  the 
counsel  for  the  defence  is  trying  to  substitute  the  latter  for  the 
former,  in  order  to  make  the  Court  dismiss  the  case.  The  prose- 
cution has  taken  pains  to  show  that  this  action  is  solely  directed 
against  capitalism  ; that  it  is  sought  to  do  away  with  a principle 
which,  while  predominating  in,  and  fostered  by  the  laws  of  this 
country,  allows  the  existence  of  private  ownership  of  capital,  and 
consequently  the  spoliation  of  labor  of  its  full  reward  for  its 
exertions  ; that  only  a system  is  to  be  changed  by  substituting 
common  ownership  of  the  means  of  production  to  private  owner- 
ship of  capital.  And  finally  the  prosecution  denies  the  alleged 
fact  that  the  abolition  of  capitalism  would  necessarily  involve 
an  encroachment  upon  the  rights,  and  the  freedom  of  the  indi- 
vidual ; to  the  contrary,  the  prosecution  have  asserted  that  the 
system  of  owning  capital  in  common  and  using  it  by  universal 
co-operation  would  greatly  enhance  and  increase  the  rights  and 
freedom  of  each  and  every  invidual. 

In  deciding  the  motion  before  the  Court  we  shall  have,  first  of 
all,  to  consider  the  letter  and  the  spirit  of  the  indictment.  And 
in  considering  this  question  we  find  with  certainty,  that  this 
action  was  not  brought  against  “ capital ” as  such,  but  against 
capitalism , against  the  principle  and  the  system  of  private  owner- 
ship of  capital.  The  Court  therefore  decides  that  the  primary 
objection  of  the  defence,  according  to  which  the  complaint  is 
alleged  to  be  contrary  to  common  sense,  cannot  be  sustained. 

Furthermore  the  Court  cannot  conceive  that,  in  case  capitalism 
be  abolished,  the  people  of  this  country  should  not  be  able  to  intro- 
duce some  other  system  under  which  the  natural  rights  and  liberties 
of  the  individual  may  continue  to  exist  without  being  abrogated 
in  any  manner.  There  may  be  a case  when  some  few  individuals 
are  bound  to  renounce  certain  rights,  which,  in  our  days  are  con- 


4 


sidered  to  be  ‘ ‘justly  acquired.”  But,  the  right  of  the  State  to 
annul  such  “justly  acquired  rights  ” cannot  be  assailed  and  the 
State  has  exercised  it  at  all  times  in  the  history  of  civilized 
nations  ; it  is  inseparable  from  the  sovereignity  of  the  State.  The 
last  great  example  for  exercising  this  right  has  been  the  abolition 
of  slavery  in  1861  by  the  government  of  the  United  States  when 
the  “justly  acquired  rights  ” of  the  slaveholders  were  annulled. 
The  only  condition  to  which  this  right  of  the  State  is  coupled  is 
this  : The  fact  must  be  proven  that  it  is  absolutely  necessary  for 
the  welfare  of  the  people  that  these  respective  rights  of  inviduals 
be  declared  null  and  void.  And  whether  this  necessity  is  a fact 
in  regard  to  the  proposition  to  abolish  capitalism  is  to  be  shown 
by  this  present  action  ; and,  by  entering  into  these  proceedings 
we  are  to  investigate  whether  it  be  a fact  that  the  system  of 
capitalism  has  become  a public  nuisance,  and  a system  of  anarchy, 
as  charged  in  the  indictment.  Therefore,  I am  in  favor  of  giving 
to  the  prosecution  an  opportunity  of  examining  witnesses,  and  to 
submit  other  evidence  which,  on  the  part  of  the  defence  may,  if 
they  can  do  so,  be  disproven.  If  the  jury  should  then  find  that 
the  prevailing  system  of  production  is  detrimental  to  the  interests 
of  the  people,  the  people  will,  no  doubt,  possess  the  right  and  also 
the  necessary  intelligence  of  introducing  a new  order  of  things. 

The  motion  of  the  defence  to  dismiss  the  complaint  is  denied.  ’ ’ 

* * 

* 

For  some  moments  the  audience  was  spell-bound,  and  over- 
whelmed with  the  historic  importance  of  this  moment : The 
technical  objections  had  been  overruled  ; the  trial  was  to  pro- 
ceed. What  will  be  the  outcome  : Is  the  capitalistic  system 
really  a public  nuisance  ? Is  it  anarchism — a war  of  everybody 
against  everybody  else  —as  alleged  by  the  prosecution  ? 

When  the  counsel  for  the  people  arose,  a dead  silence  again 
pervaded  the  room.  Mr.  Socialist  in  opening  the  case  for  the 
prosecution  made  a brief,  terse  statement,  which  appeared  to 
make  a deep  impression  upon  his  hearers. 

* * 

* 

THE  OPENING  SPEECH  OF  THE  ATTORNEY-GENERAL. 

Gentlemen  of  the  Jury : It  would  be  an  easy,  and  indeed  a very 
thankful  task  for  me  to  make  a great  display  of  oratory  in  a case 
like  this.  But,  I think  it  is  not  needed  in  order  to  do  my  duty. 


5 


If  the  people  of  the  United  States  have  seen  fit  to  demand  this 
trial,  the  supposition  must  be  that  the  prevailing  social  conditions 
have  become  unbearable  for  a large  part  of  our  population.  In- 
deed, the  largest,  and  far  the  best  part  of  our  people  are  they 
who  have  come  to  the  conclusion  that  mere  political  liberty,  not 
based  upon  economic  independence,  is  but  hollow  mockery.  The 
indictment  here  before  us  is  being  supported  by  the  clearly  ex- 
pressed popular  demand  of  the  greatest  and  noblest  Labor  Union 
the  world  has  ever  known.  The  glorious  Order  of  the  Knights 
of  Labor  declares  that 


“The  alarming  development  and  aggressiveness  of  great  capitalists  and 
corporations,  unless  checked,  will  inevitably  lead  to  the  pauperization  and  de- 
gradation of  the  toiling  masses 

It  is  imperative,  if  we  desire  to  enjoy  the  full  blessings  of  life,  that  a 
check  be  placed  upon  unjust  accumulation,  and  the  power  for  evil  of  aggre- 
gated wealth. 

This  much-desired  object  can  be  accomplished  only  by  the  united  efforts  of 
those  who  obey  the  devine  injunction,  ‘ in  the  sweat  of  thy  face  shalt  thou 
eat  bread.” 

And  this  order  proclaims  that  the  fundamental  principles  of  its 
endeavors  are  : 

“I.  To  make  industrial  and  moral  worth,  not  wealth,  the  true  standard  of 
individual  and  National  greatness. 

II.  To  secure  to  the  workers  the  full  enjoyment  of  the  wealth  they  create,  suf- 
ficient leisure  in  which  to  develop  their  intellectual,  moral  and  social  facul- 
ties ; all  of  the  benefits,  recreation  and  pleasures  of  association  ; in  a word, 
to  enable  them  to  share  in  the  gains  and  honors  of  advancing  civilization.” 

Furthermore  : This  really  representative  thoroughly  American 
organization  of  laboring  men  is  striving  for  the  establishment  of 
co-operative  enterprises  expressly  for  the  purpose  of  superseding 
the  wage-system,  and  of  replacing  it  by  the  universal  co-oper- 
tion  of  the  working  masses.  The  great  armies  of  the  Trades 
Unions  and  other  Labor  organizations,  in  their  struggle,  which 
has  almost  become  permanent,  not  for  an  improvement  of  their 
condition,  but  only  to  defend  themselves  from  further  degrada- 
tion, are  living  examples  for  the  pernicious  conditions  brought 
about  by  the  unlimited  dependance  of  the  workmen  upon  the  pos- 
sessor of  the  means  of  production.  The  intellectual  vanguard  of  the 
labor  movement,  the  Socialistic  Labor  Party,  has  called  the  evil  by 
its  proper  name.  They  say  : Capital  is  a creature  of  Labor. 
Under  a number  of  temporary  and  arbitrary  laws,  made  by 
human  beings  this  creature  has  gained  a preponderance  over 
its  natural  master  and  maker  ; this  creature  of  Labor  shall 
be  transformed  into  a tool  in  the  hands  of  mankind  by  re- 
placing the  system  of  capitalistic  spoliation  by  one  of  universal 


6 


co-operation.  We  not  only  concede,  bnt  we  proclaim  it  that 
such  a change  of  system  involves  a revolution ; it  is  the  social 
revolution  itself  which  is  facing.our  times.  We  are  longing  for 
it,  as  we  consider  it  to  be  our  saviour  from  the  destruction  of 
human  culture.  It  will  elevate  the  masses  of  the  people  to  a 
more  dignified  existence  as  human  beings.  In  order  to  argue  this 
indictment  we  need  but  let  the  facts  plead  for  themselves.  Let  the 
facts  of  life  be  known.  And,  if  it  thus  be  proven  what  we  assert, 
if  it  is  true  that  the  masses  of  the  laboring  people  are  doomed 
by  the  capitalistic  system  to  never  ceasing  degradation  and 
slavery,  then,  gentlemen  of  the  jury,  the  people  of  the  United 
States  will  pass  the  death  sentence  ^upon  Capitalism,  and  no 
power  on  earth  will  be  strong  enough  to  prevent  the  execution 
of  that  sentence. 

The  prosecution  is  now  ready  to  produce  its  evidence. 

* * 

* 

THE  FIRST  WITNESS,  A SKILLED  MECHANIC  ON  THE 
WITNESS-STAND.  THE  CONDITION  OF  A WAGE- 
WORKER UNDER  RATHER  FAVOR- 
ABLE CIRCUMSTANCES. 


The  first  witness  called,  Mr,  George  W.  Franklin,  seemed  to 
belong,  judging  from  outward  appearances,  to  the  class  of  better 
situated  wage-workers.  He  was  rather  neatly  attired,  his  bear- 
ing was  self-possesed  and  earnest,  and  the  expression  of  his 
countenance  gave  evidence  of  more  than  ordinary  intelligence. 
He  looked  like  a man  pretty  well  situated,  but  at  the  same  time 
you  could  observe  that  overexertion,  worry  and  care,  and  the  dis- 
content following  in  their  wake,  were  no  strangers  to  him. 

After  name,  residence,  etc. , had  been  given  the  examination 
proceeded  as  follows  : 

Q.  What  is  your  occupation  ? 

A.  I am  a compositor,  and  follow  this  occupation  for  the  last 
20  years,  after  going  through  an  apprenticeship  of  four  years. 

Q.  Are  you  married  ? 

A.  Yes.  My  family  consists  of  my  wife  and  two  children  and 
my  father,  who  stays  with  us  in  his  old  age. 

Q.  How  much  do  you  earn  in  six  working  days,  jf  fully  em- 
ployed ? 


A.  The  average  is  about  #17. 50.  Working  by  the  piece  my 
earnings  depend  on  the  quality  of  the  work  I have  to  do. 

Q.  Have  you  at  present  a situation  giving  you  full  and  regu- 
lar employment  ? 

A.  Yes.  Since  four  months  I have. 

Q.  Previous  to  these  four  months,  were  you  irregularly  em_ 
ployed,  or  without  any  employment  ? 

A.  For  several  weeks  I had  two  or  three  days  work  each 
week.  My  earnings  during  that  time  did  seldom  reach  #9.00  per 
week. 

Q.  How  long  were  you  without  regular  employment  ? 

A.  For  seven  weeks. 

Q.  Did  such  periods  of  irregular  employment  occur  often  dur- 
ing your  twenty  years  of  experience  as  a compositor  ? 

A.  Oh,  yes,  very  often.  So  frequently,  that  I would  have  to 
strain  my  memory  to  recall  them.  While  young,  it  did  not 
trouble  me  much.  I took  a traveling . card  from  my  Union  and 
went  into  the  country,  where  after  a few  weeks  of  idle  search,  I 
generally  succeeded  in  finding  employment  in  some  small  country 
town,  but  the  compensation  was  miserable.  Since  I have  a 
family  of  my  own  a repeated  change  of  residence  has  become  al- 
most impossible.  Rather  than  squander  the  household  goods,  ob- 
tained by  hardship  and  toil,  for  the  prices  you  can  obtain,  you 
wait  as  long  as  possible  to  obtain  employment  where  you  are. 

Q.  You  stated  that  you  were  seven  weeks  without  regular 
employment  before  obtaining  your  present  situation.  Did  you 
have  regular  and  full  employment  previous  to  that  time  ? 

A.  Yes,  sir;  I worked  in  an  establishment  where  my  earnings 
were  even  higher  than  in  my  present  situation.  I was  employed 
there  over  five  years. 

Q.  How  was  it,  that  you  did  not  keep  that  place  ? 

A.  I was  discharged. 

Q.  What  caused  your  discharge  ? Did  you  neglect  your  work> 
or  were  there  any  other  reasons  to  find  fault  with  you  ? 

Q.  Neither  the  boss,  foreman  or  anybody  else  asserted  any- 
thing of  the  kind,  and  I could  prove  that  this  was  not  the  cause. 
The  foreman  simply  discharged  me  ; he  was  not  obliged  to  give 
any  reason.  But  all  the  men  employed  with  me,  knew  well  the 
reason  why  I was  discharged-  The  boss  belonged  to  a combina- 
tion of  employers,  who  had  determined  to  oust  the  Union  men  one 
after  another,  and  fill  their  places  with  non-union  men  — “rats’ ’ 
or  “scabs”  as  we  call  them.  I,  myself  especially,  was  an  eye- 


8 


sore  to  the  boss  and  his  foreman,  for  they  considered  me  as  one 
of  the  “ringleaders’ ’ in  a strike  which  had  taken  place  in  the 
establishment  a short  time  before.  The  cause  of  the  strike  was 
an  offered  reduction  of  wages;  and,  backed  by  our  strong  trades 
union,  we  won  the  strike.  To  revenge  himself,  I was  the  first 
one  who  “had  to  walk  the  plank”  by  order  of  the  boss  ; others 
followed  later — in  spite  of  his  given  promise  that  no  man  should 
be  discharged  on  account  of  his  participating  in  the  strike. 


Q.  Do  you  recall  other  instances  where  you  lost  your  situa- 
tion, without  any  fault  on  your  part  ? 

A.  Yes,  sir,  I recollect  three  instances  when  this  happened- 
After  being  employed  for  a long  time  in  an  establishment,  I was 
discharged.  The  reason  was,  that  the  boss  wanted  to  make  his 
business  more  profitable  by  employing  boys  to  do  a larger  part 
of  the  work.  He  called  them  “apprentices”,  but  in  reality  they 
learned  only  very  little  of  the  business,  just  enough  j;o  make  them 
profitable  to  the  boss,  but  not  enough  to  compensate  them  in 
after  years  for  the  time  they  lost.  Three  such  “apprentices’  ’ , 
at  a salary  of  from  $4  to  $5. a week,  were  drilled  in  a few  months, 
so  that  they  could  furnish  just  as  much  common  newspaper  mat- 
ter, as  two  grown  compositors,  who  knew  every  branch  of  their 
business.  When  the  boss  had  his  three  “apprentices”  suffi- 
ciently drilled,  another  man  and  myself  were  discharged.  In  a 
previous  case  I lost  my  situation,  because  a slackness  in  the  busi- 
ness made  a reduction  in  the  number  of  employes  apparently 
necessary.  In  one  place  I owed  my  discharge  simply  to  the  fore- 
man’s dislike  to  me.  I was  not  sycophanting  and  submissive 
enough  for  him.  A creature  after  his  own  heart  received  my 
place. 

Q.  Do  most  of  those  employed  in  your  calling  work  under  the 
so-called  ^’ece-system  ? 

A.  Yes,  sir. 

Q.  What  according  to  your  experience  are  the  effects  of  the 
piece-system,  in  regard  to  the  well-being  of  those  employed 
under  it  ? 


A.  Well,  I did  not  study  political  economy,  and  can  only  tell 
what  I know  by  my  own  experience,  and  this  leads  me  to  think 
that  piece-work  is  very  pernicious  to  the  worker. 

Q.  Will  you  explain  to  us,  why  this  is  so  ? 

A.  I will  give  you  a description  of  how  the  piece- system 
operates  in  my  trade.  The  difference  in  their  technical  ability  to 
furnish  a certain  amount  of  work  in  a given  time  is  very  great. 
Take  100  compositors  alike  industrious  and  willing  to  do  their 


work,  and  you  will  find  that  about  *10  of  their  number  will  be 
able  to  set  up  1000  em’s  in  an  hour  ; 25  of  them  will  be  able  to 
set  from  one  hundred  to  five  hundred  em’s  more  ; while  5 of 
them  will  even  beat  this  and  reach  2000  em’s  in  an  hour.  Once 
in  a while  prize- tournaments  are  arraigned  where  the  swiftest 
compositors  compete  for  the  championship.  These  have  shown 
that  we  have  compositors  in  this  country,  who  are  able  to  set  up 
2600  em’s  in  an  hour  for  four  hours  in  succession.  According 
to  the  piece-system  the  compensation  of  a compositor  is  in  direct 
proportion  to  the  amount  of  work  he  furnishes.  The  result  is 
that  men  belonging  to  the  1000  em  class  will  do  their  utmost  to 
get  into  the  1500  em  class,  and  these  again  will  endeavor  to 
reach  the  still  higher  speed.  The  result  must  be  that  the  number 
of  those  furnishing  the  former  average  quantity,  will  constantly 
diminish,  and  less  men  will  be  needed  to  accomplish  the  same 
amount  of  work.  During  my  practive  I have  repeatedly  observed 
the  following : Suppose  it  requires  40  compositors  of  an  average 
speed  to  furnish  the  matter  for  a morning  paper.  Before  com- 
mencing work  in  the  evening,  the  foreman  musters  the  force  at 
his  disposal,  consisting  of  regular  employes  and  “subs”;  a 
glance  at  the  list  shows  that  six  rapid  and  two  very  rapid  com- 
positors are  among  the  forty  men  present.  What  will  he  do  ? 
He  will  announce,  that  only  35  men  are  needed  that  night  ; five 
are  not  wanted  and  can  go  home,  if  they  have  a home  to  go  to. 
Now  suppose  that  the  majority  of  compositors  were  able  to  do 
the  same  amount  of  work,  for  instance,  as  the  champions  McCann, 
Somers  and  Arensberg  ; the  result  would  be  that  only  about  one- 
third  of  the  number  now  employed  would  be  needed  to  furnish 
the  same  amount  of  work. 

Q.  What  influence  would  this  result  have  on  the  compositors 
in  general  ? 

A.  Simply  this.  If  by  the  dexterity  of  A,  his  collegue  B is 
made  superfluous  and  condemned  to  want,  B may  be  forced  to 
offer  his  services  for  a lower  price  to  obtain  employment ; he  may 
be  forced  by  hunger  to  do  this,  unless  there  is  a Union  to  aid  him 
when  he  is  “hard  up”.  B may  then  work  at  a lower  rate  or 
swell  the  ranks  of  those  having  no  regular  employment.  The 
next  result  will  be,  that  the  “bosses”  will  reduce  the  scale- 
price  per  1000  “em’s”,  or  that  an  increase  of  the  scale,  made  im- 
perative by  the  increased  price  of  the  necessaries  of  life,  cannot 
meet  with  success,  which  would  be  practically  equivalent  to  a 
reduction  of  wages.  Thus  the  system  of  paying  by  the  piece 
compels  the  workingmen  to  the  severest  competition  among  them, 
selves,  and  increased  skill  and  diligence  will  only  result  namely  : 
To  reduce  the  price  of  the  work  furnished  and  making  the  wage. 


10 


worker  more  dependent  and  poorer.  This,  at  least,  is  the  result 
in  my  trade,  according  to  my  observations,  and  as  far  as  I hear 
and  see,  the  same  is  more  or  less  the  case  in  all  trades  where  the 
system  of  piece-work  has  been  introduced. 

Q,  Mr.  Franklin,  you  stated  that  your  average  earnings 
amounted  to  Sit.  50  per  week  for  the  last  four  months.  Will  you 
now  tell  us  what  your  regular  expenses  amount  to  ? 

A.  My  monthly  expenses  are  about  as  follows:  Rent  and  care 
fare,  $15  ; food,  fuel  and  light,  $25  ; clothing  and  shoes,  $10  ; 
medical  attendance  and  incidental  expenses,  $2.50;  for  refresh- 
ments and  recreation,  $5;  life  insurance,  union  dues,  newspapers, 
books,  etc. , etc.,  $2.50;  this  makes  a total  sum  of  $65.00.  Of 
course  you  do  not  need  $10  for  clothing  every  month,  nor  do  the 
expenses  for  medical  attendance  run  as  high  as  $2.50  in  each 
month,  but  if  you  take  the  monthly  average  for  a year,  these 
figures  will  be  found  correct. 


Q.  According  to  this  you  have  an  average  surplus  of  $10  per 
, month  or  $120  per  annum  ? 

A.  Yes,  that  is  I would  have  it,  if  I had  full  and  regular  em- 
ployment during  the  entire  year  ; but  as  I have  stated  before,  I 
am  not  always  so  fortunate. 

Q.  You  stated,  Mr.  Franklin,  that  you  had  steady  employment 
for  the  past  four  months.  Were  you  able  to  save  anything  dur- 
ing that  time  ? 


A.  My  savings  for  the  past  four  months  are  hardly  worth 
mentioning. 

Q.  Will  you  please  give  an  exact  statement  ? 

A.  My  bank  account  at  present  amounts  to  $15.  So  as  not 
to  appear  in  a wrong  light  I must  add  the  following  explanation  : 
Before  obtaining  regular  employment  four  months  ago,  I was 
only  partially  employed  for  some  time  ; two  or  three  days  work 
was  all  I could  get  in  a week.  During  such  spells  of  enforced 
idleness,  one  must  be  glad  to  keep  the  family  from  starving. 
The  previous  savings  rapidly  disappear,  and  money  for  necess- 
sary  clothing,  etc.  is  out  of  the  question.  All  purchases  must  be 
postponed  until  the  earnings  increase.  As  soon  as  I received 
regular  wages  I had  to  spend  about  $15  for  most  necessary  re- 
pairs and  buying  different  things  that  we  were  in  need  of  for 
some  time.  Then  one  of  my  children  died  and  the  funeral  ex- 
penses were  $20. 


Q.  Suppose  you  would  be  regularly  employed  in  future,  and 
lose  no  time  on  account  of  sickness,  you  would  then  be  able  to 
save  $120  every  year.  Do  you  think,  that  under  such  lucky  cir- 


11 


cumstances  you  would  be  able  to  save  money  enough  to  establish 
a business  for  yourself  ? 

A.  No.  I have  no  such  hopes.  I feel  that  I will  not  be  able 
to  work  another  ten  years  at  the  rate  I am  working  now.  It 
often  requires  a great  exertion  on  my  part  to  furnish  the  same 
amount  of  work  that  I could  easily  do  in  my  younger  days.  But 
even  if  all  the  favorable  suppositions  became  facts,  I could  only 
save  $1200  in  the  next  ten  years.  This  sum  would  be  insufficient  to 
buy  or  start  a printing  office  that  could  cope  with  the  constantly 
increasing  demands. of  composition  and  retain  capital  enough  for 
the  necessary  running  expenses.  Rather  than  be  a boss 
without  means  enough  to  carry  on  a business  properly,  I will  re- 
main a journeyman. 

Q.  Well,  Mr.  Franklin,  if  you  compare  your  lot  with  that  of 
other  wage-workers,  do  you  consider  their  condition  to  be  better 
than  your  own,  or  otherwise  ? 

A.  I must  confess,  that  as  far  as  I am  able  to  judge,  the  ma- 
jority of  wage-workers  are  in  even  less  favorable  circumstances 
than  I am.  Even  in  my  own  calling  I know  that  many  of  my 
fellow  workmen  are  unable  to  earn  as  much  as  I do,  because  they 
cannot  work  as  rapidly.  I know  men  belonging  to  other  trades, 
that  could  not  find  employment  for  weeks,  and  suffering  the  bit- 
terest want  with  their  families.  I see  that  thousands  of  un- 
skilled laborers  are  unable  to  earn  even  half  the  wages  a com- 
positor receives. 

Q.  Take  it  all  in  all,  Mr/  Franklin,  do  you  consider  yourself 
as  being  a free  and  independent  man  and  citizen  ? 

A.  In  reality  I cannot  see  that  I am  independent  at  all.  Under 
present  circumstances,  every  one  is  independent  only  so  far  as  he 
possesses  a sufficient  amount  of  means  to  secure  his  existence  in 
order  to  resist  the  arbitrary  dictates  of  somebody  else.  What 
can  I do  with  political  liberty  and  that  much  boasted  of  “ equality 
before  the  law”  if  I am  compelled  to  submit  to  the  wishes  of 
another  man  in  order  to  appease  my  own  hunger  and  that  of  my 
starving  family  ? Do  not  tell  me  that  the  American  workmen 
know  no  such  thing  as  subjection  under  the  will  of  anybody  else  I 
The  times  when  such  was  the  case  have  long  gone  by.  But, 
since  all  shops  and  factories  are  besieged  by  crowds  of  unem- 
ployed people,  who,  compelled  by  misery  and  want,  are  courting- 
the  favor  of  the  boss  or  his  foreman,  as  if  they  were  demi-gods — 
since  that  time  many  a skilled  workman  meekly  submits  to  all 
sorts  of  insults  and  indignities  for  the  sole  and  single  purpose  of 
avoiding  to  incur  the  enmity  of  bosses  and  foremen.  If  ever  I 
want  to  uphold  my  dignity  and  manhood  as  a “ free  and  inde- 


pendent  citizen  of  this  Republic” — as  I am  not  unfrequently 
•called  by  politicians  and  editorial  writers— it  may  happen  that  I 
am  out  of  a job  the  next  day  after.  And  how  could  I justify  such 
conduct  when  considering  the  welfare  of  my  family  whom  I am 
in  duty  bound  to  protect  from  the  sufferings  they  might  be  com- 
pelled to  undergo  at  times  of  lack  of  employment  ? The  small 
amount  of  money  I have  saved  would  be  used  up  within  the 
second  week  of  my  being  out  of  a job.  And,  in  order  to  prevent 
this,  in  order  to  keep  the  wolf  from  my  door,  I am  compelled  to 
submit  to  many  a despotic  freak  of  my  employer  or  “superior.” 
Theoretically,  of  course,  I am  independent;  but,  practically,  I live 
like  a slave,  dependent  upon  the  power  of  the  capitalist  employ- 
ing me.  It  is  true  I am,  unlike  the  chattel  slave,  not  bound  to  a 
certain  master;  I can  leave  my  employment  and  seek  another 
place  where  to  work,  as  soon  as  I find  it.  But,  although  I am  a 
skilled  mechanic,  having  been  apprenticed  to  my  trade,  and  being 
able  to  do  all  the  work  required  of  me,  it  may  be  that  I am  jump- 
ing from  the  frying  pan  into  the  fire  by  changing  employers. 
For,  it  is  not  unlikely  that  in  the  shop  where  I may  happen  to  find 
n,  place,  I may  have  to  complain  of  greater  evils  than  those  were 
which  to  avoid  I left  my  former  employment.  And,  at  all  events, 
wherever  I may  be  employed,  I will  be  paid  but  part  of  the 
value  of  my  labor.  My  labor  is  a commodity  upon  the  market 
whose  price,  like  that  of  all  other  marketable  commodities, 
-depends  upon  supply  and  demand.  But,  lam  far  more  dependent 
than  the  possessors  of  any  other  marketable  commodities.  A 
man  who  keeps  for  sale  wheat,  meat,  butter,  etc.,  may  refuse  to 
sell  if  the  purchaser  offers  a price  too  low  to  be  accepted  by  the 
merchant.  The  wage-worker,  as  a rule,  is  compelled  to  sell  his 
labor — or,  in  other  words,  himself — at  the  lowest  price  in  the 
market,  as  long  as  he  will  be  able  to  thus  exist  in  dire  want  and 
bring  up  his  offspring.  Of  course,  the  workmen  belonging  to 
powerful  Unions  of  their  trade,  or  to  the  Knights  of  Labor,  are 
somewhat  better  protected  against  emergencies  of  this  kind.  But 
even  the  strongest  Unions  have,  so  far,  been  only  able  to  battle 
against  this  evil  in  a limited  way;  and  in  times  of  general  financial 
and  industrial  distress  and  depression  of  business,  such  organiza- 
tions could  do  very  little  to  prevent  a general  depreciation  of  the 
wages  of  workmen,  while  it  has  often  been  witnessed  that  less 
powerful  Unions  have  been  destroyed  at  such  periods  of  com- 
mercial crises.  And  thus  it  was  as  far  back  as  my  memory 
reaches.  What  the  future  may  bring,  I do  not  know  it.  I only 
know  this:  that  with  the  entire  amount  of  good  will,  efficiency 
and  economy  on  my  part,  I can  do  very  little  myself  to  shape  my 
own  destiny.  I know  that  my  foreman,  or  my  boss,  have  the 


13 


'right  to  interfere,  at  any  time,  with  the  peace  and  happiness  of 
my  family  life,  to  fill  our  hi  arts  with  sorrow  and  anxiety  by  open- 
ing my  door  to  misery  and  distress.  Though  working  very  hard 
and  living  in  the  most  economic  manner  possible,  it  is  always  but 
a question  of  luck  with  me  whether  I will  be  provided  for,  or  have 
anything  saved,  if  the  rainy  days  of  misfortune  and  lack  of  em- 
ployment should  happen  to  come.  As  a compositor,  I have  no 
hopes  of  ever  being  a very  old  man,  or  else  I would  be  compelled 
to  fear  the  misery  and  tortures  of  the  poorhouse.  As  a wage- 
worker, I am  at  the  mercy  of  the  ever-changing  chances  of  trade 
and  business.  And  this  will  continue  to  be  so  as  long  as  the 
wage  system  remains  in  existence.  My  own  “free  will”  is 
unable  to  influence  this  state  of  affaiTS  in  the  least.  And  for  all 
these  reasons  I would  like  to  know  why  I should  pretend  to  feel 
like  a free  and  independent  citizen  ? 

Attorney- General,  Mr.  Socialist:  To  be  certain,  a man  living 
under  such  trying  circumstances  is  not  very  independent;  and  the 
liberty  guaranteed  to  him,  on  paper,  by  the  constitution  is  a bare- 
faced falsehood  as  far  as  such  a man  is  concerned.  (Facing  the 
jury-box.)  Gentlemen  of  the  jury:  The  prosecution  has  pro- 
duced this  witness  for  the  purpose  of  showing  to  you  how,  under 
the  rule  of  capitalism,  those  workmen  who  are  situated  somewhat 
more  favorably  than  their  fellow-workers — the  skilled  workmen — 
are  living  in  a state  of  miserable  and  hopeless  oppression  and 
moral  degradation.  There  may  be  a small  number  of  workmen 
belonging  to  the  more  skilled  branches  of  trade  who  are  in  more 
favorable  circumstances,  being  so  fortunate  as  to  have  had  con- 
stant employment  during  a number  of  years,  which  has  not  been 
the  case  with  Mr.  Franklin.  But,  we  assert — and,  to  prove  it, 
we  appeal  to  the  individual  experiences  of  every  member  of  this 
jury — that  there  are  large  numbers  of  compositors,  pianomakers, 
cabinetmakers,  carvers,  silkweavers,  even  newspaper  men  and 
many  others  who,  in  spite  of  all  their  willingness  to  work,  are 
not  even  in  the  possession  of  a savings-bank  deposit  of  the  small 
amount  of  fifteen  dollars,  and  consequently  are  in  poorer  circum- 
stances, and  of  course,  in  a condition  of  greater  dependence  than 
Mr.  Franklin.  In  order  to  avoid  too  large  an  accumulation  of 
testimony,  we  shall  limit  ourselves  in  regard  to  the  condition  of 
the  class  of  skilled  workmen  to  the  testimony  of  this  witness,  he 
being  a representative  workman  of  his  respective  group  of  in- 
dustrial craftsmen. 

* * 

\ * 

Hereupon  counsel  for  defense , Mr.  Evarts,  arose  to  cross- 
examine  the  witness. 


14 


Question  by  Mr.  Eoarts : Do  you  know,  Mr.  Franklin,  that  the 
workmen  of  your  branch  of  trade  in  Europe  are  living  upon 
wages  considerably  lower  than  the  compositors  in  this  country  ? 

A.  From  my  own  personal  knowledge  I do  not  know  any- 
thing in  regard  to  this  subject,  but  I have  read  reports  stating 
that  such  be  the  fact.  Secretary  of  State,  Mr.  Evarts  has,  in  his 
time,  considered  it  to  be  his  most  important  duty,  to  hold  up  to 
the  eyes  of  the  workmen  of  this  country  the  misery  of  the  labor- 
ing people  of  Europe. 

Q.  The  reports  of  the  representatives  of  our  government 
abroad  have  shown  that  the  wages  in  all  branches  of  trade  were 
considerably  lower  than  in  this  country.  And  this  also  refers 
especially  to  your  own  trade,  Mr.  Franklin.  Will  you  please  tell 
us,  whether  the  poor  American  workman  could  not  be  approxi- 
mately contented  with  the  wages  his  European  colleagues  are  re- 
ceiving ? 

A.  I do  not  believe  that  the  American  workman  could  live  on 
such  low  wages  as  received  by  the  workers  in  Italy  and  some 
other  countries. 


Q.  Why  not  ? 

A.  Because  he  is  accustomed  to  a higher  standard  of  life. 

Q.  But,  if  it  needs  be,  cannot  a man  deprive  himself  volun- 
tarily of  several  luxuries,  even  if  he  has  been  accustomed  to  en- 
joy them;  why  should  not  the  American  workman  be  able  to  re- 
duce his  necessaries  to  the  level  of  the  European  worker  ? 

A.  Because  the  few  luxuries— as  far  as  they  are  yet  enjoyed 
by  the  workmen  in  this  country — are  deeply  rooted  in  the  mode 
of  American  life  and  firmly  imbedded  in  the  belief  of  American 
workmen  as  belonging  to  the  prerogatives  of  a large  and  very 
wealthy  country.  It  is  true,  you  may  slowly  reduce  the  standard  of 
life  of  the  workmen  of  this  country  by  a gradual,  but  continuous 
reduction  of  wages 

Ex-Secretary  of  State , Mr.  Evarts : Ah,  so  you  concede  my 
proposition  ? 

Witniss  Franklin:  Yes,  sir,  I concede  it.  It  is  not  only  pos- 
sible; it  has  been  done,  and  it  is  being  done  to-day.  Since  1813 
the  American  workman  has  been  deprived,  gradually,  of  a great 
many  things  he  formally  considered  necessary  to  uphold  his 
standard  of  life,  and  I believe  it  to  be  doubtful  whether  a skilled 
workman,  with  steady  employment  in  any  of  our  large  American 
cities,  is  living  in  a much  better  and  more  agreeable  condition 
than  similarly  situated  workmen  in  an  equally  large  city  of  Great 
Britain  or  Germany.  I am  purposely  referring  to  skilled  work 


15 


' men  only,  who  are  at  least  somewhat  protected  from  being  too 
* rapidly  deprived  of  the  necessaries  and  enjoyments  of  life  by 
powerful  Trade  organizations.  But,  the  unemployed  workmen  in 
this  country  are  in  no  way  better  situated  than  those  in  any  other 
country.  Somebody  else  may  tell  you  all  about  the  condition  and 
prospects  of  those  workers  who  do  not  belong  to  the  skilled 
trades,  and  whose  organizations  are  not  sufficiently  powerful  to 
protect  them,  or  who  are  not  belonging  to  any  organization;  but 

one  thing  I would  tike  to  state 

Q.  Well? 

A.  The  American  workman,  be  he  ever  so  conservative,  law- 
abiding  and  peaceable,  will  soon  become  a communist  and  break 
to  pieces  your  entire  socalled  system  of  “social  order”  before  he 
will  tolerate  that  the  capitalistic  class  shall  take  from  his  bread 
the  last  bit  of  butter  that  is  yet  left  him. 

Q.  It  has  also  been  proven  that  our  industries  cannot  com- 
pete with  those  of  other  countries  on  account  of  the  high  wages 
which  are  being  paid  to  American  workmen.  So  you  ought  to 
see  that  American  workmen  are  not  yet  in  as  deplorable  a condi- 
tion as  you  seem  to  be  believing  ? 


Before  witness  answered  this  question  counsel  for  the  prose- 
cution arose  and  moved  to  adjourn  the  cross  examination.  The 
court  granted  the  motion  and  the  proceedings  were  adjourned  for 
the  day. 


APPENDIX. 


Preambles  and  Platform  of  the  Socialistic  Labor  Party  of 
North  America. 

Labor  being  the  only  creator  of  all  wealth  and  civilization,  it  rightfully  follows 
that  those  who  perform  all  labor  and  create  all  wealth  should  enjoy  the  result  of 
their  toil. 

But  this  is  rendered  impossible  by  the  modem  system  of  production,  which, 
since  the  discovery  of  steam-power  and  since  the  general  introduction  of  ma- 


m 


16  — 


chines,  is  in  all  branches  of  industry  carried  with  such  gigantic  means  and  appli- 
ances as  but  a few  are  able  to  possess. 

The  present  industrial  system  is  cooperative  in  one  respect  only , which  is  : 
That  not,  as  in  former  times,  the  individual  works  alone  or  his  own  account,  but 
dozens,  hundreds  and  thousands  of  men  work  together  in  shops,  in  mines,  on 
huge  farms  and  lands,  cooperating  according  to  the  most  efficient  division  of 
labor.  But  the  fruits  of  this  cooperative  labor  are  not  reaped  by  the  workers 
themselves,  but  are  in  a great  measure  appropriated  by  the  owners  of  the  means 
of  production,  to  wit:  of  the  machines,  of  the  factories,  of  the  mines  and  of  the 
land. 

This  system,  by  gradually  extinguishing  the  middle  class,  necessarily  produces 
two  separate  sets  of  men  : That  class  of  the  workers,  and  that  of  the  great  bosses. 

It  brings  forth  as  its  natural  outgrowths: 


The  planlessness  and  reckless  rate  of  production. 

The  waste  of  human  and  natural  forces. 

The  commercial  and  industrial  crisis. 

The  constant  uncertainty  of  the  material  existence  of  the  wage-workers. 
The  misery  of  the  proletarian  masses. 

The  accumulation  of  wealth  in  the  hands  of  a few. 


Such  a condition,  which  under  the  present  industrial  regime  cannot  but  become 
more  and  more  aggravated,  is  inconsistent  with  the  interests  of  mankind,  with  the 
principles  of  justice  and  true  democracy,  as  it  destroys  those  rights  which  the 
Declaration  of  Independence  of  the  United  States  held  to  be  inalienable  in  all 
men,  viz:  life,  liberty  and  the  pursuit  of  happiness. 

This  condition  shortens  and  imperils  life  by  want  and  misery.  It  destroys 
liberty  because  the  economical  subjection  of  the  wage-workers  to  the  owners  of 
the  means  of  production  immediately  leads  to  their  political  dependence,  and  it 
finally  frustrates  the  pursuit  of  happiness,  which  is  never  possible  when  life  and 
personal  liberty  are  in  constant  danger. 

To  put  an  end  to  this  degrading  state  of  things,  we  strive  to  introduce  the  per- 
fect system  of  cooperative  production — that  is,  we  demand  that  the  workers  obtain 
the  undivided  product  of  their  toil. 

This  being  only  feasible  by  securing  to  the  workers  control  of  the  means  of  pro- 
duction, 

We  demand: 

That  the  land,  the  instruments  of  production  (machines,  factories,  etc.,)  and  the 
products  of  labor  become  the  common  property  of  the  whole  people;  and, 

That  all  production  be  organized  cooperatively,  and  be  carried  on  under  the 
direction  of  the  commonwealth;  as  also  the  cooperative  distribution  of  the  pro- 
ducts according  to  the  service  rendered,  and  to  the  just  needs  of  the  individuals. 

To  realize  our  demands,  we  strive  to  gain  control  of  the  political  power,  with 
all  proper  means. 

The  Socialistic  Labor  Party  claims  the  title,  “Labor  Party,”  because  it  recog- 
nizes, the  existence  of  an  oppressed  class  of  wage-workers  as  its  fundamental  truth, 
and  the  emancipation  of  this  oppressed  laboring  class  as  its  foremost  object. 


ATTENTION ! 


ATTENTION! 


No.  3 

OF 

¥l)e  ©kwp  of  f^ekl  JiVeedorq 

will  appear  soon  after  this  publication  and  contain  the  follow- 
ing proceedings  in  the  trial  before  the  Court  of  Public 
Opinion,  viz.:  The  People  of  the  United  States 
vs.  Capitalism: 

1 ) The  cross  examination  by  counsel  for  defense  of  the  first 
witness  continued. 

2)  An  unskilled  workman,  a factory  laborer,  the  second 
witness. 

3)  The  third  witness  on  the  stand  a ‘ tramp.” 


John  Snsrinton’s  Paper, 

Motto : 

“ We  are  preparing  the  way  for  the 
establishment  of  the  natural  Rights  of  Man : 
1)  II is  Right  to  a Footing  on  the  Earth  ; 2) 
His  Right  to  Labor ; 3)  Ills  Right  to  the 
Fruits  of  his  Work.” 

Published  weekly  - - $1.00  a year. 

Address : 

21  Park  Row,  New  York  City. 


ipff  iicftcchu. 

An  illustrated  (labor)  Journal. — 
Published  weekly. — $3. CO  a year. 
Address  : 

The  Reflector  Publishing  Co., 

58  & 60  Fulton  Street, 

New  York  City. 


M-  §§'  titling. 

(GERMAN), 

Devoted  to  the  interests  of  the  Laboring 
People. 

Published  Dally,  Sunday  and  Weekly.— Daily 
edition,  $6  00  a year;  Sunday,  $1.5u  a year; 
Weekly,  $150  a year;  Sunday  and  Weekly, 
$3.00  a year. 

Address  : 

P.  O.  3560,  New  York  City. 


The  Laborette, 

The  only  Workingmen’s  Paper  in 
Wyoming.  — Published  weekly.  — 
$1.00  a year. 

Address,  “THE  LABORETTE,” 
Bawling,  T.  of  Wyoming. 


Furniture  Workers’  Journal. 

Official  Organ  of  the 

International  Furniture  Workers 
Union  of  America. 

Address,  H.  EMRICH,  810  1st.  Ave. 


L 


3 0112  061791437 


THE 

National  Labor  Tribune.'®  r 


(14th  year.) 
PITTSBURGH,  Pa. 
Published  weekly. — $2.00  a year. 


Address, 

Armstrong,  Telford  «fc  Co. 

Box  435. 


THE  WORKINGMEN’S  ADVOCATE. 

Official  Journal  ot  the 

Organized  Workmen  of  New  Haven 
and  Vicinity. — Published  weekly. — 
$1.00  a year.  Address,  ‘ Workmen’s 
Advocate,”  New  Haven,  Conn. 


(GERMAN.) 

Central  - Organ  der  Socialistischen  Arbeiter- 
Par tei  von  Nord-Amerika. 
Published  weekly. — $2.00  a year. 

Address,  172  1st  Ave.,  New  York  City. 


THE  CRAFTSMAN. 

Washington,  D.  C.  — Published 
weekly.  — $1.00  a year.  Address, 
RAMSEP  & BISBEE,  No.  505,  D 
Street,  North  West. 


Carpenter . 

A Journal  for  Carpenters  and  Joiners. 
Sworn  Circulation:  21,000.-Published 
monthly. — 50  cents  a year.  Address, 
Box  180,  Cleveland,  O. 


The  Leader. 

New  York  City. — One  cent  Evening 
Paper.  Published  daily.  — $3.00  a 
year.  Address,  P.  O.  3560,  New  York 
City. 


THE  DAY. 

A One  Cent  Morning  News  Paper. — 
Published  daily.  — $3.00  a year. — 
Address,  New  York  City. 


To  every  Friend  of  Labor  and  Justice  the  above  named  Labor  Journals 
are  specially  recommanded  by 

The  Author  of  “The  Dawn  of  Real  Freedom,” 


Care  of  Publisher  J.  Franz, 


P.  O.  3560,  New  York  City. 


JOHN  OEHLER’S  PRINT 


22-24  N.  William  St.,  N.  Y. 


